or · 2017-06-07 · received & filed jun 0 7 2017 proclamation secretary of state commissions...

3
RECEIVED & FILED JUN 0 7 2017 PROCLAMATION SECRETARY OF STATE COMMISSIONS DIVISION WHEREAS, section 188.010, RSMo, provides that '"it is the intention of the general assembly or the Statl: or Missouri to grant the right to life of all humans, horn and unborn;" and WHEREAS. on May 2, 2017, the United States District Court tor the Western District of Missouri (the "Court") in ( 'omprehensive Health (?f Planned Parenthood Great Plains. et al. v. /Jr . Randall Williams. et a!. , Case No. 2: 16-cv-047313-HFS ruled against health and safety standards t()r abortion clinics by preliminarily enjoining the en1(m;ement 197.215.1 (2), RSMo; 19 CSR 30-30.060(1)(C)(4) ; the second sentence 188.080, RSMo; 188.027.1(l)(e) , RSMo , as to physicians seeking to perform abortions; and WHI" :REAS. on May 2, 2017, the Court also ruled against common sense health and satety standards f(H abortion clinics by preliminarily enjoining the enforcement of 19 CSR 30-30.070 and 19 CSR 30-30.060( I )(C)( 4) as to abortion facilities; and WIIEREAS , the efkct or the Court's ruling is to eliminate the meaningful licensure of abor1ion clinics in Missouri. and the Court's ruling constitutes an immediate danger to the public health , safety , and welfare ; and the City oi'St. Louis enacted Board Bili203CS/C ity Ordinance 70459 , which undermines pregnancy care centers that provide critical resources for women seeking counseling and support hn alternatives to abortion and the State 's "Alternatives to Abortion'' program; and WHI-:J{EAS, the State should protect fi·eedoms of speech, association, and religion and a llow person s and institutions to J()Jiow their conscience with respect to abortion-related decisions ; and Article IV, Section 9 ofthe Missouri Constitution authorizes the Governor to ··jo jn extraordinary occasions ... convene the General Assembly by proclamation, wherein he shall state specifically e ach matter on which action is deemed necessary; '' and WHEREAS . the immediate danger to the public health, satety, and welfare due to the Court's ruling against health and safety regulations of abortion clinics is an extraordinary occasion as envisioned by Article IV , Section 9 ofthc Missouri Constitution; and WHEREAS, the thn :a tto pregnancy care centers and the State's ·'Alternatives to Abortion '' program due to St. Louis City Ordinance 70459 likewise amounts to an extraordinary occasion as envisioned by Article IV, Section 9 ofthe Missouri Constitution . NOW THEREI ; ORE, on the extraordinary occasion that exists in the State of Missouri: I. ERIC R. GRFITI :NS , GOVERNOR OF THE STATE OF MISSOURI, pursuant to the a uthority vested in me as Governor by the Constitution of the State of Missouri , do , by thi s Proclamation, convene the Ninety-Ninth General Assembly ofthe State of Missouri in the Second Extra Session of the First Regular Session ; and 1 HEREBY call upon the Senators and Representatives of said Ge neral Assembly to meet in the State Capitol in the City of Jefferson at the hour of 4:00 p.m. , Central Daylight Time, on .June 1 2.2 01 7;a nd 1 HEREBY state that the action of said General Assembly is deemed necessary concerning each matter specifically designated and limited hereinafter as follows: 1. To amend sec tion 197.2 00 , RSMo , to define '·Abortion Facility" or "Abortion Facilities;" 2. To amend section 197.200, RSMo, by deleting the portion of th e definition of' "ambulatory surgical center•· that includes "any establishment operated l'or the purpose of performing or inducing any second or third-trimester a bortions or ti ve or more tirst-trimest er abortions per month; "

Upload: others

Post on 19-Jul-2020

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: or · 2017-06-07 · RECEIVED & FILED JUN 0 7 2017 PROCLAMATION SECRETARY OF STATE COMMISSIONS DIVISION WHEREAS, section 188.010, RSMo, provides that '"it is the intention of the

RECEIVED & FILED JUN 0 7 2017

PROCLAMATION SECRETARY OF STATE

COMMISSIONS DIVISION WHEREAS, section 188.010, RSMo, provides that '"it is the intention of the general

assembly or the Statl: or Missouri to grant the right to life of all humans, horn and unborn;" and

WHEREAS. on May 2, 2017, the United States District Court tor the Western District of Missouri (the "Court") in ( 'omprehensive Health (?f Planned Parenthood Great Plains. et al. v. /Jr. Randall Williams. et a!. , Case No. 2: 16-cv-047313-HFS ruled against health and safety standards t()r abortion clinics by preliminarily enjoining the en1(m;ement of~ 197.215.1 (2), RSMo; 19 CSR ~ 30-30.060(1)(C)(4); the second sentence of~ 188.080, RSMo; and~ 188.027.1(l)(e), RSMo, as to physicians seeking to perform abortions; and

WHI":REAS. on May 2, 2017, the Court also ruled against common sense health and satety standards f(H abortion clinics by preliminarily enjoining the enforcement of 19 CSR ~ 30-30.070 and 19 CSR ~ 30-30.060( I )(C)( 4) as to abortion facilities; and

WIIEREAS, the efkct or the Court's ruling is to eliminate the meaningful licensure of abor1ion clinics in Missouri. and the Court's ruling constitutes an immediate danger to the public health, safety, and welfare; and

Wlll ~RFAS, the City oi'St. Louis enacted Board Bili203CS/City Ordinance 70459, which undermines pregnancy care centers that provide critical resources for women seeking counseling and support hn alternatives to abortion and the State' s "Alternatives to Abortion'' program; and

WHI-:J{EAS, the State should protect fi·eedoms of speech, association, and religion and a llow persons and institutions to J()Jiow their conscience with respect to abortion-related decisions; and

WIII ~REAS. Article IV, Section 9 ofthe Missouri Constitution authorizes the Governor to ··jo jn extraordinary occasions . . . convene the General Assembly by proclamation, wherein he shall state specifically each matter on which action is deemed necessary;'' and

WHEREAS. the immediate danger to the public health, satety, and welfare due to the Court's ruling against health and safety regulations of abortion clinics is an extraordinary occasion as envisioned by Article IV , Section 9 ofthc Missouri Constitution; and

WHEREAS, the thn:atto pregnancy care centers and the State's ·'Alternatives to Abortion' ' program due to St. Louis City Ordinance 70459 likewise amounts to an extraordinary occasion as envisioned by Article IV, Section 9 ofthe Missouri Constitution.

NOW THEREI;ORE, on the extraordinary occasion that exists in the State of Missouri:

I. ERIC R. GRFITI :NS, GOVERNOR OF THE STATE OF MISSOURI, pursuant to the a uthority vested in me as Governor by the Constitution of the State of Missouri , do, by this Proclamation, convene the Ninety-Ninth General Assembly ofthe State of Missouri in the Second Extra Session of the First Regular Session; and

1 HEREBY call upon the Senators and Representatives of said General Assembly to meet in the State Capitol in the City of Jefferson at the hour of 4:00 p .m., Central Daylight Time, on .June 12.201 7;and

1 HEREBY state that the action of said General Assembly is deemed necessary concerning each matter specifically designated and limited hereinafter as follows:

1. To amend section 197.200, RSMo, to define '·Abortion Facility" or "Abortion Facilities;"

2. To amend section 197.200, RSMo, by deleting the portion of the definition of' "ambulatory surgical center•· that includes "any establishment operated l'or the purpose of performing or inducing any second or third-trimester a bortions or ti ve or more tirst-trimester abortions per month;"

Page 2: or · 2017-06-07 · RECEIVED & FILED JUN 0 7 2017 PROCLAMATION SECRETARY OF STATE COMMISSIONS DIVISION WHEREAS, section 188.010, RSMo, provides that '"it is the intention of the

3. 'fo amend chapters 188, 191, 192, 197, and 595 so that each and every applicable section and subsection applies to "'Abortion Facility" or .. Abortion Facilities; ..

4. To amend section 197.215, RSMo, to require that "'Abortion Facilities'· provide aftirmative evidence that each person performing an abortion is a physician currently licensed to practice in Missouri ;

5. To add a new subsection to ~ 197.225. RSMo, that authorizes the Department o f Health and Senior Services to adopt rules. regulations, and standards regarding patient health and safety that apply to ambulatory surgical centers and. separately. that apply to "Abortion Facility" or "'Abortion Facilities; ''

6 . To add a new subsection to ~ 197.230, RSMo, that requires the Department or Health and Senior Services to annually inspect every "Abortion Facility'' J{)r safety and compliance with state law and to establish the requirements of such inspections;

7. To add a new section to chapter 188 that preempts a political subdivi sion li·om enacting a law or policy that adversely affects the legal rights of a person or entity due to that person or entity 's view on abortion ; acknowledges those legal rights ; and establishes judicial mechanisms to protect those legal rights ;

8. To add a new subsection to ~ 188.021 , RSMo, that requires "Abortion Facilities" to submit to the Department of Health and Senior Services their plans fi.)r dealing with complications resulting trom certain abortions, to obtain approval lrom the Department of Health and Senior Services of these complication plans; and, ftlrther, to authorize the Department of Health and Senior Services to adopt rules. regulations, and standards governing these plans;

9. To amend sections 188.027.9 and 188.039.6, RSMo, to deline "qualified professional" as a physician who has rderred the woman to the physician who is to perform the abortion, or to an advance practice registered nurse engaged in a collaborative practice agreement with the physician who is to perform the abortion, as provided fl.lr in section 334.104, RSMo;

10. To add a new section to chapter 574 that prohibits a person, while working in an .. Abortion Facility," from knowingly ordering, requesting, or attempting to prevent medical personnel or emergency services personnel from providing care to a patient in accordance with ordinary standards of care for reasons unrelated to that patient's health or welfare;

1 1. To add a new subsection to * 188.075, RSMo. that allows the Attorney General of Missouri to have concurrent original jurisdiction throughout the State, along with each prosecuting attorney and circuit attorney within their respective jurisdictions. to prosecute violations of chapter 188, violations of any state law on the usc of pub! ic funds for abortion, and violations of any state law that regulates an ''Abortion Facility'' or person performing or inducing abortion, including the otlcnse or interterence with medical assistance;

12. To amend section 188.04 7. RSMo, to modify the law relating to the requirement of pathological examinations and related reports, and further , to authorize the Department of Health and Senior Services to adopt rules, regulations, and standards governing such examinations and reports;

13 . To add a new section to chapter 188 protecting employees who disclose violations of applicable federal or state law related to chapter 188, and , further, authorizing the Department of Health and Senior Services to adopt rules, regulations. and standards regarding the implementation of such policies;

2

Page 3: or · 2017-06-07 · RECEIVED & FILED JUN 0 7 2017 PROCLAMATION SECRETARY OF STATE COMMISSIONS DIVISION WHEREAS, section 188.010, RSMo, provides that '"it is the intention of the

14 . To add an Emergency Clause to all legislation enacted by the Ninety -N inth Cicncral Assembly or the State or Missouri in the Second Extra Session ol' the l:irst Regular Session: and

15. Such additional and other matters as may be recommended by the Governor by specia l message to the (icncral Assembly alter it shall have convened .

IN WITNI ·: Ss WIII ·: Rt :<W. I have hereunto set my hand and caused to be anixcd the (ireat Seal of' the State or Missouri . in the City of klfcrson. on this 7th day of .June. :2017 .

ATTI ·: ST:

3